Soil Security 13 (2023) 100112

Contents lists available at ScienceDirect

Soil Security
journal homepage: www.sciencedirect.com/journal/soil-security

Establish governance systems for securing black soils in China based on a

new law
Jian Wang a, b, Qi Xing a, Yuxin Tong c, Zhenzhong Wang d, Baoguo Li a, *
a
College of Land Science and Technology, China Agricultural University, Beijing, China
b
Center for Land Policy and Law, China Agricultural University, Beijing, China
c
Food and Agriculture Organization of the United Nations (FAO), Rome, Italy
d
China Rural Technology Development Center, Beijing, China

A R T I C L E I N F O A B S T R A C T

Keywords: This article explores the crucial first steps in enforcing the black soils protection law in China, presents the
Black soils protection governance rationale for safeguarding black soil, and ultimately devises an effective governance system for the
Governance system same. The article contends that black soils conservation necessitates a shift towards scientific management
Black soils protection law
grounded in legislation and advocates for the establishment of a protection and governance system, including
firming up the government’s central role, executing scientific and technological initiatives, setting up inter-
regional protection mechanisms, innovating management techniques, and exploring land-scale management.

1. Introduction Measures for the Quality Protection of Arable Land in Liaoning Province3
and the Regulations on the Protection of Arable Land in Heilongjiang Prov­
China’s Northeast Plain is recognized as one of the world’s four ince4 in 2006 and 2016 respectively. However, the protection objects of
significant black soil regions. The Black Soils Protection Law,1 which came the early local regulations were all generalized arable land. The relevant
into effect on August 1, 2022, is currently the only national legislation provisions on black soils protection are scattered in laws and regulations
focused on the utilization and preservation of black soil resources within at different levels and in different fields, and there is no superior law
the black soil region. By safeguarding black soils through legal means, directly related to black soils. To some extent, there are still problems
the protection of black soils has become a state priority, indicating a such as cross-functional departments and unclear legal responsibilities.
significant landmark in our country’s black soils conservation efforts. In 2017, the former Ministry of Agriculture, National Development and
The Black Soils Protection Law will act directly on the conservation and Reform Commission, the former Ministry of Land and Resources and
use of black soils. It will serve as a blueprint for the construction of other departments jointly formulated Outline of the Northeast Black Soils
national cultivated land protection legislation. This development is of Conservation (2017–2030)5to further promote the rule of law in black
great significance to ensure China’s national food and ecological secu­ soils conservation. In 2018, Jilin Province issued China’s first special
rity (Hou, 2022). regulation on the protection of black soil, the Regulations on the Protection
The legal construction of black soils protection in the four provinces of Black Soils in Jilin Province,6 which stipulates the concept and scope of
in northeastern China began in the Inner Mongolia Autonomous Region. black soils, protection mechanisms, legal responsibilities, punitive
In 1998, the Inner Mongolia Autonomous Region issued the Regulations measures, and other aspects. However, these local laws and regulations
on the Maintenance of Arable Land in the Inner Mongolia Autonomous Re­ still have many shortcomings in coordinating the utilization and pro­
gion,2 while Liaoning Province and Heilongjiang Province issued the tection of black soils, and it is difficult to form an effective protection

* Corresponding author at: China Agricultural University, No.2 Yuanmingyuan West Road, Haidian District, Beijing, China.
E-mail address: [email protected] (B. Li).
1
http://www.npc.gov.cn/npc/c30834/202206/7f3fe789d6694b0294145714bfe91043.shtml
2
http://www.nmgrd.gov.cn/zyfbx/dfxfgx/202012/t20201208_397230.html
3
https://www.ln.gov.cn/web/zwgkx/zfwj/szfl/zfwj2006/B6AD1AA724F24BA98F479936AD7563A3/index.shtml
4
https://www.hljrd.gov.cn/content.html?id=59306
5
https://www.cas.cn/zt/kjzt/htlc/htzc/202105/t20210512_4787740.shtml
6
http://www.jl.gov.cn/zw/yw/jlyw/202106/t20210624_8115842.html

https://doi.org/10.1016/j.soisec.2023.100112
Received 24 May 2023; Received in revised form 22 September 2023; Accepted 18 October 2023
Available online 20 October 2023
2667-0062/© 2023 Published by Elsevier Ltd. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/).
J. Wang et al. Soil Security 13 (2023) 100112

force for black soils. To coordinate the use and protection of black soil et al., 2021). According to the White Paper on Northeast Black Soils (2020)
resources, China has issued the Black Soils Protection Law. ,8 the organic matter content in the cultivable layer of black soil in
This article explores the crucial first step in enforcing the black soils China’s black soil region has decreased by one-third over the past 60
protection law in China, presents the governance rationale for safe­ years and by 50% in some areas. On average, the black soil layer has
guarding black soils, and ultimately devises an effective governance decreased by more than 20 cm. Irrational use has brought serious
system for the same to provide a reference for the future protection of degradation or damage to the black soil. Depletion and degradation of
black soils in China. black soils not only have important consequences for food security but
also climate change and biodiversity (FAO, 2022).
2. The logical starting point of legislation to protect black soils The scarcity and difficulty in forming, coupled with excessive use
and the threat to food security, is the logical starting point of our
The International Black Soil Network proposed that black soils are legislation to protect the black soils. According to Article 2 and 4 of the
mineral soil are mineral soils which have a black surface horizon, Black Soils Protection Law, black soils in need of protection refers to
enriched with organic carbon that is at least 25 cm deep.7 This definition “cultivated land with black or dark humus topsoil, good character, and
endorsed by the Intergovernmental Technical Panel on Soils. In the high fertility” and “historically black soils, except those that cannot be
World Reference Base classification (IUSS Working Group WRB, 2015), restored, should be included in the protection scope of black soils for
the majority of black soils would correspond to Chernozems, Kastano­ repair and restoration”. Based on this, the existing basic farmland in
zems and Phaeozems. Black soils correspond to the Mollisols Great Northeast China should be the object of black soils protection.
Order according to the United States of America Soil Taxonomy (USDA,
2014). And in China, where the original name for these soils was “black 3. Governance logic of black soils protection
soils”, and they are now classified as “Isohumisols” in Chinese Soil
Taxonomy. The soil-forming conditions and properties of black soils as The Black Soils Protection Law is not divided into chapters and con­
mentioned by World Reference Base classification are roughly like most tains thirty-eight articles. In terms of content the law includes the pur­
black soils and meadow soils where classification occurs in China. pose of legislation (Article 1), scope of application (Article 2), important
Mollisols in the United States of America Soil Taxonomy include not principles (Article 3–5), government responsibility and coordination
only black soils, chernozem soils, dark chestnut soils, and meadow soils, mechanisms (Article 6–10), improve the scientific and technological
but also dark-brown earths and albic soils with the required thickness of support system (Article 11–16), input security and incentives (Article
black soils. 22–24) clarify the responsibilities of all parties (Article 17–21, 25)
Black soil resources are incredibly scarce accounting for less than 7 % Strengthen the assessment and supervision system (Article 26–28), legal
of the global land area. There are only four major black soil regions in accountability (Article 29–37). We believe that fully comprehend the
the world: the Ukrainian Plain in Ukraine, covering about 1.9 million essence of black soils protection, it is essential to delve deeper into the
square kilometers, the Mississippi Plain in the United States, covering key mandatory regulations outlined in the Black Soils Protection Law.
approximately 1.2 million square kilometers, China’s Northeast Plain, These mandatory norms reveal the governance logic of the Black Soils
with an area of around 1.09 million square kilometers, and the Pampas Protection Law. In terms of normative constraints, the governance logic
grassland extending from Argentina to Uruguay in South America, of black soils protection can be discerned from three angles: regulation
covering about 760,000 square kilometers. According to the principle of of use, governance structure, and technical system.
soil science, black soil can only thrive under temperate grassland or
meadow vegetation, rich in humus from the decomposition or synthesis 3.1. Food security is the starting point of black soils protection and
of plant residues by microorganisms. The formation of each 1 cm layer of governance logic
black soil takes approximately 400 years.
Due to the black soil area’s flat terrain, comprehensive soil quality, This is reflected in the legal use control constraints of black land.
and high fertility, it is highly suitable for plant growth, making it ideal Article 5 of the Black Soils Protection Law clearly states: “Black soils shall
for arable land development. In addition, the black soil region has be used for the production of food, oil crops, sugar crops, vegetables, and
evolved into a vital agricultural base in China, as the Northeast region other agricultural products” and “Black soils with deep black soil and
possesses concentrated resources, ease of scalability, continuous oper­ good soil properties should be classified as permanent basic farmland,
ation, and high agricultural yields. The northeast black soil area serves with a focus on food production and strict protection measures to ensure
as an important grain production base in China, accounting for more the long-term stability of quantity and quality”. Agricultural land use
than a quarter of total grain production, commodity grain withdrawal regulations serve as the fundamental purpose of the Black Soils Protection
accounted for one-third, and it is a veritable ballast stone of our food Law and underscore the importance of ensuring food and supply security
security (Liu et al., 2010). of critical agricultural products. Ultimately, protecting black soils is a
The reclamation and utilization of the black soil have completely legal obligation that ensures the sustainability of farmland in the black
changed the natural conditions related to its formation. Frequent soil area and upholds the principle that farmland must be good
ploughing and surface exposure during reclamation and cultivation will farmland.
inevitably lead to profound changes in the surface process and organic
substances accumulation of black soil, resulting in varying degrees of 3.2. Government leadership, who uses whom to protect is the main body
soil quality degradation. Besides, the ecology of the region where black of the black soils protection and governance logic
soil is located is particularly fragile and prone to damage. Although
black soil reclamation in Northeast China has a relatively short history, In terms of government leadership, the Black Soils Protection Law
with most of it dating back to the early 20th century, the black soil in the outlines the government’s responsibilities through mandatory norms,
region has still suffered varying degrees of damage. In general, soil defines the protection and governance structure of the black soils at the
degradation in the region has three common features: reduction of black central, provincial, county, and township levels, and advocates for the
soil layer thickness, decline of fertility, and increase of compaction (LI establishment and improvement of a protection mechanism involving
government-led initiatives, the implementation by agricultural

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l-panel-soils/gsoc17-implementation/internationalnetworkblacksoils/more https://www.cas.cn/zt/kjzt/htlc/yw/202107/W0202107144185848
-on-black-soils/definition-what-is-a-black-soil/en/ 95253.pdf

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producers, and social participation. that these provinces develop specific implementation measures that
The Black Soils Protection Law designates the government as the main incorporate black soils protection into government performance evalu­
governance core for protecting China’s black soil. This role is manifested ation and supervision. Moreover, the government should lead in estab­
in the overall responsibility of the central government and the four lishing a responsibility network for black soils protection at the county,
provincial people’s governments of Heilongjiang, Jilin, Liaoning, and township, and village levels. This should be built on the foundation of
Inner Mongolia Autonomous Region for the quantity, quality, and the existing farmland protection field management system, with the
ecological environment of black soil within their administrative areas. responsibility for black soils protection consolidated and delegated to
At the same time, the law outlines the government’s specific re­ individuals.
sponsibilities, including the formulation of standards and protection
plans, the establishment of investigation and monitoring systems, the
4.2. Scientific and technological support projects for black soils will be
provision of scientific and technological support and technical services,
carried out
as well as financial and administrative support. The government is also
tasked with inspection and supervision and implementing reward and
Long-term exploration and practice show that scientific and tech­
punishment mechanisms.
nological means can effectively realize the balance between the pro­
In terms of users being protectors, the Black Soils Protection Law
tection and utilization of black land (WANG, 2021). The Black Soils
emphasizes the responsibility of agricultural producers and operators to
Protection Law underscores the importance of science and technology as
protect black soils. Article 17 explicitly states: “rural economic organi­
a supportive tool, clearly proposing to grasp the law of nature, restore
zations, agricultural enterprises, farmers’ professional cooperatives, and
and steadily increase the basic soil properties of black soils, improve its
individual farmers should cherish and make reasonable use of black
ecological environment, and enhance its comprehensive productive
soils. It also encourages them to strengthen farmland infrastructure
capacity. Considering these priorities, it is essential to establish a theo­
construction and apply conservation tillage technology in accordance
retical and technological support project for the comprehensive man­
with local conditions. These measures can help enhance the quality of
agement of black soils and conduct research tailored to local conditions
black soils, improve the ecological environment of farmland, and protect
on issues related to the production, ecology, and quality of black soils.
black soils in accordance with the law”.
Scientists are encouraged to focus on the important basic theories
and principles about the interactions among the conservation,
3.3. Scientific and technological support is the core means of black soils
nurturing, and utilization of black soils, and develop key technologies
protection and management logic
for prevention and control of soil degradation, improving soil fertility,
and increasing crop yield and resource use efficiency by integrating
Technical support for the production function, ecological security,
agronomy, agricultural machinery, and water management practices (Li
and scientific development of black soils are the core means to achieve
et al., 2021). Moreover, it is necessary to develop a technical imple­
black soils governance in the Black Soils Protection Law.
mentation plan for local policies on black soils and conduct a compre­
In terms of production, the law specifies scientific farming systems
hensive trinity protection assessment of black soils within the region, to
and technological means that must be promoted and implemented by
guide the effective implementation of scientific and technological stra­
governments at and above the county level.
tegies aimed at black soils protection.
From the perspective of ecological protection, the law requires local
governments to adopt scientific and technological measures to prevent
soil erosion, desertification, and salinization of black soil, as well as to 4.3. Explore the establishment of trans-regional black soils protection
improve and restore the ecological environment of farmland. Enhancing mechanisms
the natural ecosystem is crucial to conserve water, soil, and biodiversity,
prevent wind and sand, and ensure the ecological health of black soil The construction of the governance system of black soils protection
areas. requires the integration of multiple policy approaches, such as envi­
As for land development, the law regulates high-standard farmland ronmental and resource tax policies in black soils areas, ecological
construction, soil stripping, and land reclamation to promote land compensation system of black soils, special cultivated land protection
development. The combination of cultivation, local conditions, and fund of black soils, national transfer payment for black soils protection
comprehensive policies should be adhered to, and engineering, (Cao et al., 2018). It is essential to establish an inter-regional coopera­
agronomy, agricultural machinery, biological, and other measures tive mechanism within the framework of national overall planning. The
should be employed to strengthen the construction of black soil farm­ key to the protection and scientific utilization of black soils is to main­
land infrastructure, improve the quality of black soil improvement tain food security. Therefore, the authors recommend the establishment
measures, and protect the fine production capacity of black soil. of a trans-regional black soil protection mechanism based on grain
purchase and sale flow. From a national planning perspective, it is also
4. An effective black soils management system should be necessary to create a trans-regional input protection mechanism for
established black soils, whereby the main grain marketing areas can assume na­
tional responsibility for black soils protection through the “black soil
4.1. Compacting the government-led responsibility in black soils and grain” index,9 with the index income being specifically allocated to
protection

9
The conservation of black soils is characterized by its public goods It is proposed by the author with reference to the index of Urban Con­
attribute. Proper protection and utilization of black soils can result in struction Land Increase with Rural Residential Land Decrease. Currently, China
positive externalities, while mismanagement can cause catastrophic implements grain reserve mechanism, and eastern provinces are actively
exploring off-site grain reserve mode. As an important grain production base in
negative externalities for both the economic and ecological
China, the northeast black soils area can cooperate with eastern provinces to
environment.
build an off-site grain base for eastern provinces. The eastern provinces will
This underscores the need for the government to play its role as a purchase the “black soil and grain” index from the three northeastern prov­
public institution and take on effective leadership responsibility in inces, and the index funds will be used to build the whole industrial chain of
managing black soils (Xu et al., 2010). The Black Soils Protection Law lays production, processing, storage, transportation and trade of grain in the black
out the crucial responsibilities of the four provincial and regional gov­ soils area. This will enable cooperation in grain production and marketing and
ernments. To further bolster protection efforts, the authors recommend ensure effective grain supply.

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J. Wang et al. Soil Security 13 (2023) 100112

black soils protection. 4.6. The black soils protection compensation mechanism should be
established

4.4. The scientific utilization and management mode of black soils on an

The authors suggest the establishment of a compensation mechanism
appropriate scale should be innovated
for black soils resources within the natural resources assets accounting
system. To implement the protection of black soils, there will be inevi­
The achievement of an effective management system for the pro­
table economic costs for black soil areas in the development, reclama­
tection of black soils hinges upon the involvement of farmers and social
tion, protection, and management of cultivated land. Therefore, a
actors. A key factor that restricts the implementation of black soil pro­
special compensation mechanism should be established, facilitated by
tection is the scattered household-based land management systems (LI
the transfer of funds dedicated to the protection of black soils from the
et al., 2021). Article 25 of the Black Soils Protection Law clearly states:
state. Moreover, considering the inherent tension between protection
“The state supports farmers’ specialized cooperatives and enterprises to
and development, it is crucial to conduct a scientific evaluation of the
establish interest linkage mechanism and socialized service mechanism
opportunity cost of black soils protection and establish an index system
with farmers in various ways, develop appropriate scale management,
for the development rights of black soils areas. This will assist in
promote the quality improvement of agricultural products, brand
compensating and evaluating the development rights of black soils and
building and standardized production, and improve the output effi­
compensating for any loss of such rights through national policy
ciency of black land”.
compensation and cross-regional benefit-sharing mechanisms. Given
Transforming conventional management, innovating business prac­
that black soils protection is a long-term solution, it is essential to
tices, pursuing agricultural modernization, and cultivating a scientific
leverage financial policy tools and establish a national fund for the
management mode for black soil that harmonizes protection and utili­
protection and utilization of black soils. This will pave the way for the
zation function as an effective governance strategy that not only benefits
realization of the objectives of black soils protection.
farmers but also achieves the legislative objectives.
The authors propose to further advance the construction of scale,
4.7. A strict enforcement mechanism to be established
standardization, and science, to realize the transformation of black soils
management. For example, the “Lishu model” technology system
There are nine penalty provisions in Article 38 of the Black Soils
explored and implemented by the state has played a major role in the
Protection Law (Article 29 - Article 37), specifying the matters of re­
current protection of black soils (Wang et al., 2022). “Lishu model” is a
sponsibility for penalties, enforcement subjects, and penalties. First,
kind of conservation tillage technology model, which takes crop straw
administrative sanctions. The Black Soils Protection Law clearly stipulates
mulch to return to field and no-tillage as the core, and realizes full
that for the violation of the use of black soils protection funds, not in
mechanization in field production, including harvest and straw mulch­
accordance with the law to perform the duties of black soils protection
ing, no-tillage sowing and fertilization, pest and weed control, crop
resulting in the destruction of black soils resources and ecological
rotation and other technical links. The essence of “Lishu model” is more
environment, by the Ministry of Natural Resources, local people’s gov­
mulch and less soil. Mulching is to return as much crop biomass to the
ernments at or above the county level and their relevant departments in
field as possible through root stubble, high stubble return, half amount
accordance with the division of responsibilities, the directly responsible
of return, etc.; less soil moving is to finish straw sorting, ditching,
supervisors and directly responsible personnel to appropriate sanctions.
fertilizing, sowing, soil covering, suppression and other works at one
Second, administrative punishments. Administrative punishments are to
time to minimize the number of soil disturbances.
be imposed on those who illegally occupy or damage the infrastructure
At present, the main content of the sustainable innovation and
of black soils. Whoever illegally uses black soils for non-agricultural
development of the “Lishu model” is to promote the modern agricultural
construction, illegally excavates black soils, or causes black soil pollu­
production unit construction through the large-scale operation of the
tion or soil erosion, shall be punished in accordance with the provisions
black soils, the establishment of a new type of management organiza­
of relevant laws and regulations such as the Land Management Law,10 the
tion, the establishment of an interest connection mechanism and the
Pollution Prevention and Control Law,11 and the Water and Soil Conserva­
promotion of modern agricultural production unit construction. Local
tion Law.12 Third, criminal responsibility. Those who violate the pro­
governments in black soil areas should continue to innovate the “Lishu
visions of the Black Soils Protection Law and constitute a crime shall be
model” and explore a modern agricultural production system of appro­
investigated for criminal responsibility in accordance with law.
priate land scale management in accordance with the protection tech­
nology and resource endowment of black soils.
5. Conclusion

4.5. Explore and study black soils investment and financial insurance The development of the protection and governance system for black
mechanisms soils is still in progress. In the coming years, it will be imperative to
advance towards a scientifically guided governance approach based on
The Black Soils Protection Law encourages social capital to invest in legislative measures and promote a comprehensive system that en­
activities related to the protection of black soils, while also ensuring the compasses government accountability, implementation of cutting-edge
protection of the legitimate rights and interests of investors. Considering scientific and technological projects, and the establishment of cross-
the periodic characteristics of the economic development of the black regional protection mechanisms.
soil area and the technical scenarios of the protection and utilization of
black soils, the basic relationship between agricultural production in the
black soil area is constantly evolving. Given this context, the authors
believe that it is necessary to attain an appropriate scale of modern
agricultural production and operation within the black soil area through
market-oriented approaches. This would require linking such efforts 10
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into account the current situations and developmental trends pertaining 11
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to labor, capital, land, science, technology, and other input factors that a8d703e057edc.shtml
influence agricultural production in the black soil area (Guo et al., 12
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2022). 5bb008be676e1.shtml

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